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Jan 9, 2013: REFERRED TO HEALTH

Memo

BILL NUMBER:S1207

TITLE OF BILL: An act to amend the public health law, in relation to prohibiting the appointment of a health care agent or surrogate who is the subject of an order of protection protecting the principal

PURPOSE OR GENERAL IDEA OF BILL: Disqualifies an individual who: 1) is the subject of an incapacitated person's order of protection; or 2)has been arrested or criminally charged with any Penal Law offense that is allegedly casually related to the incapacitated person's incapacitation from serving as the incapacitated person's health care agent or surrogate.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends subdivision 1 of section 2985 of the public health law to prohibit an individual who: 1) is the subject of an incapacitated person's order of protection; or 2) has been arrested or criminally charged with any Penal Law offense that is allegedly casually related to the incapacitated person's incapacitation from serving as the incapacitated person's health care agent.

Section 2 amends Subdivision two of section 2994-d of the public health law to prohibit an individual who: 1) is the subject of an incapacitated person's order of protection; or 2) has been arrested or criminally charged with any Penal Law offense that is allegedly casually related to the incapacitated person's incapacitation from serving as the incapacitated person's health care surrogate.

Section 3 is the effective date.

JUSTIFICATION: Allowing the person who is responsible for another person's death to continue to be their healthcare agent or surrogate is disrespectful to the person's family and friends. A person who is responsible for the incapacitation of such person is not suitable to act in a rational manner in making healthcare decisions and may not have that person's best interests in mind.

LEGISLATIVE HISTORY: 2012 - S.7765 - Referred to Rules

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.

Text

STATE OF NEW YORK
________________________________________________________________________
1207
2013-2014 Regular Sessions
IN SENATE
(PREFILED)
January 9, 2013
___________

Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when
printed to be committed to the Committee on Health
AN ACT to amend the public health law, in relation to prohibiting the
appointment of a health care agent or surrogate who is the subject of
an order of protection protecting the principal
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 2985 of the public health law is
amended by adding a new paragraph (f) to read as follows:
(F) THE APPOINTMENT OF A HEALTH CARE AGENT SHALL BE REVOKED UPON: (1)
THE AGENT BECOMING THE SUBJECT OF AN ORDER OF PROTECTION PROTECTING THE
PRINCIPAL; OR (2) THE AGENT BEING ARRESTED OR CRIMINALLY CHARGED WITH
ANY CRIME SET FORTH IN THE PENAL LAW AS A RESULT OF ANY ACTION ALLEGEDLY
CAUSALLY RELATED TO THE INCAPACITATION OF THE PRINCIPAL.
S 2. Subdivision 2 of section 2994-d of the public health law, as
added by chapter 8 of the laws of 2010, is amended to read as follows:
2. Restrictions on who may be a surrogate. (A) An operator, adminis-
trator, or employee of a hospital or a mental hygiene facility from
which the patient was transferred, or a physician who has privileges at
the hospital or a health care provider under contract with the hospital
may not serve as the surrogate for any adult who is a patient of such
hospital, unless such individual is related to the patient by blood,
marriage, domestic partnership, or adoption, or is a close friend of the
patient whose friendship with the patient preceded the patient's admis-
sion to the facility. If a physician serves as surrogate, the physician
shall not act as the patient's attending physician after his or her
authority as surrogate begins.
(B) NO PERSON SHALL SERVE AS A SURROGATE IF HE OR SHE: (1) IS THE
SUBJECT OF AN ORDER OF PROTECTION PROTECTING THE INCAPACITATED PATIENT;
OR (2) HAS BEEN ARRESTED OR CRIMINALLY CHARGED WITH ANY CRIME SET FORTH
IN THE PENAL LAW AS A RESULT OF ANY ACTION ALLEGEDLY CAUSALLY RELATED TO
THE INCAPACITATION OF THE PATIENT.
S 3. This act shall take effect immediately.

EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05345-01-3

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